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Confucian Political Ethics (Ethikon Series in Comparative Ethics)
by Daniel A. BellFor much of the twentieth century, Confucianism was condemned by Westerners and East Asians alike as antithetical to modernity. Internationally renowned philosophers, historians, and social scientists argue otherwise in Confucian Political Ethics. They show how classical Confucian theory--with its emphasis on family ties, self-improvement, education, and the social good--is highly relevant to the most pressing dilemmas confronting us today. Drawing upon in-depth, cross-cultural dialogues, the contributors delve into the relationship of Confucian political ethics to contemporary social issues, exploring Confucian perspectives on civil society, government, territorial boundaries and boundaries of the human body and body politic, and ethical pluralism. They examine how Confucianism, often dismissed as backwardly patriarchal, can in fact find common ground with a range of contemporary feminist values and need not hinder gender equality. And they show how Confucian theories about war and peace were formulated in a context not so different from today's international system, and how they can help us achieve a more peaceful global community. This thought-provoking volume affirms the enduring relevance of Confucian moral and political thinking, and will stimulate important debate among policymakers, researchers, and students of politics, philosophy, applied ethics, and East Asian studies. The contributors are Daniel A. Bell, Joseph Chan, Sin Yee Chan, Chenyang Li, Richard Madsen, Ni Lexiong, Peter Nosco, Michael Nylan, Henry Rosemont, Jr., and Lee H. Yearley.
Confucian Political Ethics (PDF)
by Daniel A. BellFor much of the twentieth century, Confucianism was condemned by Westerners and East Asians alike as antithetical to modernity. Internationally renowned philosophers, historians, and social scientists argue otherwise in Confucian Political Ethics. They show how classical Confucian theory--with its emphasis on family ties, self-improvement, education, and the social good--is highly relevant to the most pressing dilemmas confronting us today. Drawing upon in-depth, cross-cultural dialogues, the contributors delve into the relationship of Confucian political ethics to contemporary social issues, exploring Confucian perspectives on civil society, government, territorial boundaries and boundaries of the human body and body politic, and ethical pluralism. They examine how Confucianism, often dismissed as backwardly patriarchal, can in fact find common ground with a range of contemporary feminist values and need not hinder gender equality. And they show how Confucian theories about war and peace were formulated in a context not so different from today's international system, and how they can help us achieve a more peaceful global community. This thought-provoking volume affirms the enduring relevance of Confucian moral and political thinking, and will stimulate important debate among policymakers, researchers, and students of politics, philosophy, applied ethics, and East Asian studies. The contributors are Daniel A. Bell, Joseph Chan, Sin Yee Chan, Chenyang Li, Richard Madsen, Ni Lexiong, Peter Nosco, Michael Nylan, Henry Rosemont, Jr., and Lee H. Yearley.
The Constitution and Economic Regulation: Commerce Clause and the Fourteenth Amendment
by Michael ConantThis study uses basic economic analysis as a technique to comment critically on the original meaning and the interpretation of those clauses of the Constitution that have particular bearing on the economy. Many new conclusions are markedly different from those of the Supreme Court and earlier commentators. Conant's view is that the commerce clause and the equal protection clause, if they had been construed consistently with their comprehensive original meanings, would have given much greater federal protection against state laws that impaire free markets.Economic policy for the nation was vested in Congress. To the extent that special interests could buy congressional favor for their anticompetitive activities, free markets were impaired within constraints as interpreted by the court. These decisions have been criticized for their failure to incorporate the antimonopoly tradition in the Ninth Amendment and their failure to recognize equal protection of laws incorporated into the Fifth Amendment. Conant holds that statutory controls of the economy are justifiable in economic theory if they are designed to remedy market failures and thereby increase efficiency. If statutes are passed to interfere with markets and create market inefficiencies for the benefit of special interest groups, they should be condemned under the standards of normative microeconomics. There are four main classes of market failure: monopoly, externalities, public goods, and informational asymmetry. This masterful analysis examines all four reasons for market failure in depth.Litigation costs are analogous to transaction costs. If legal principles and rules are clearly and precisely defined by the Supreme Court when they are first appealed, litigation and its costs should be minimized. Conant claims that if legal principles or rules are uncertain because they lack definable standards, the number of legal actions filed and litigation costs will be much greater. This promotes additional litigation challenging the many statutes enacted to remedy asserted market failures in an expanding industrial economy. This work brilliantly addresses the danger to the economy in court rulings seeking to legislate standards of reasonableness.
The Constitution and Economic Regulation: Commerce Clause and the Fourteenth Amendment
by Michael ConantThis study uses basic economic analysis as a technique to comment critically on the original meaning and the interpretation of those clauses of the Constitution that have particular bearing on the economy. Many new conclusions are markedly different from those of the Supreme Court and earlier commentators. Conant's view is that the commerce clause and the equal protection clause, if they had been construed consistently with their comprehensive original meanings, would have given much greater federal protection against state laws that impaire free markets.Economic policy for the nation was vested in Congress. To the extent that special interests could buy congressional favor for their anticompetitive activities, free markets were impaired within constraints as interpreted by the court. These decisions have been criticized for their failure to incorporate the antimonopoly tradition in the Ninth Amendment and their failure to recognize equal protection of laws incorporated into the Fifth Amendment. Conant holds that statutory controls of the economy are justifiable in economic theory if they are designed to remedy market failures and thereby increase efficiency. If statutes are passed to interfere with markets and create market inefficiencies for the benefit of special interest groups, they should be condemned under the standards of normative microeconomics. There are four main classes of market failure: monopoly, externalities, public goods, and informational asymmetry. This masterful analysis examines all four reasons for market failure in depth.Litigation costs are analogous to transaction costs. If legal principles and rules are clearly and precisely defined by the Supreme Court when they are first appealed, litigation and its costs should be minimized. Conant claims that if legal principles or rules are uncertain because they lack definable standards, the number of legal actions filed and litigation costs will be much greater. This promotes additional litigation challenging the many statutes enacted to remedy asserted market failures in an expanding industrial economy. This work brilliantly addresses the danger to the economy in court rulings seeking to legislate standards of reasonableness.
The Constitution of Electoral Speech Law: The Supreme Court and Freedom of Expression in Campaigns and Elections
by Brian K. PinaireBush v. Gore brought to the public's attention the significance of election law and the United States Supreme Court's role in structuring the rules that govern how campaigns and elections function in America. In this book, Brian K. Pinaire examines one expanding domain within this larger legal context: freedom of speech in the political process, or, what he terms, electoral speech law. Specifically, Pinaire examines the Court's evolving conceptions of free speech in the electoral process and then traces the consequences of various debates and determinations from the post-World War II era to the present. In his analysis of the broad range of cases from this period, supplemented by four recent case study investigations, Pinaire explores competing visions of electoral expression in the marketplace of ideas, various methods for analyzing speech dilemmas, the multiple influences that shape the justices' notions of both the potential for and privileged status of electoral communication, and the ultimate implications of these Court rulings for American democracy.
Constitutional Conscience: The Moral Dimension of Judicial Decision
by H. Jefferson PowellWhile many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making. Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.
Constitutional Conscience: The Moral Dimension of Judicial Decision
by H. Jefferson PowellWhile many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making. Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.
Constitutional Futures Revisited: Britain's Constitution to 2020 (PDF)
by Robert HazellThe UK is going through a period of unprecedented constitutional change. There is much unfinished business, and further changes still to come. Where are these changes taking us? In this book, leading political scientists and lawyers forecast the impact of these changes on the UK's key institutions and the constitution as a whole.
Constitutional Futures Revisited: Britain's Constitution to 2020
by R. HazellThe UK is going through a period of unprecedented constitutional change. There is much unfinished business, and further changes still to come. Where are these changes taking us? In this book, leading political scientists and lawyers forecast the impact of these changes on the UK's key institutions and the constitution as a whole.
Constitutional Politics in the Middle East: With special reference to Turkey, Iraq, Iran and Afghanistan (Oñati International Series in Law and Society)
by Said Amir ArjomandThis book is the first comparative and interdisciplinary study of constitutional politics and constitution-making in the Middle East. The historical background and setting are fully explored in two substantial essays by Linda Darling and Saïd Amir Arjomand, placing the contemporary experience in the contexts, respectively, of the ancient Middle Eastern legal and political tradition and of the nineteenth and twentieth century legal codification and political modernization. These are followed by Ann Mayer's general analysis of the treatment of human rights in relation to Islam in Middle Eastern constitutions, and Nathan Brown's comparative scrutiny of the process of constitution-making in Iran, Afghanistan and Iraq with reference to the available constitutional theories which are shown to throw little or no light on it. The remaining essays are country by country case studies of Turkey, Afghanistan and Iraq, the case of Iran having been covered by Arjomand as the special point of reference. Mehmet Fevzi Bilgin examines the making and subsequent transformation of the Turkish Constitution of 1982 against current theories of constitutional and deliberative democracy, while Hootan Shambayati examines the institutional mechanism for protecting the ideological foundations of the Turkish Republic, most notably the Turkish Constitutional Court which offers a surprising parallel to the Iranian Council of Guardians. Arjomand's introduction brings together the bumpy experience of the Middle East along the long road to political reconstruction through constitution-making and constitutional reform, drawing some general analytical lessons from it and showing the consequences of the origins of the constitutions of Turkey and Iran in revolutions, and of Afghanistan and Iraq in war and foreign invasion.
Constitutional Values and European Contract Law
by Stefan GrundmannTwo major developments in European Private and European Business Law come together when we speak about "Constitutional Values and European Contract Law". European Contract Law has become extreme¬ly dynamic over the last 10 years, both in substance and perspec¬tive: all core areas are considered now in legal science and in EC legislation, and there are even the prospects of some kind of codification. On the other hand, constitutional values and their impact on private law have been an issue of high concern in major Member States over decades, namely Italy and Germany, but as well the Netherlands - hence the strong presence of scholars and practising lawyers from these countries in this book. Constitutional values have, however, found their way to the EC level and the national discussions have inspired a European one, with three core values discussed: Fundamental Freedoms, fundamental rights and constitutional system building principles- such as the social welfare state or the rule of law. Their impact on private law can be sensed nowadays quite considerably also on the European level. These fundamental values are often seen as the ingredient, which renders European Private Law, namely European Contract Law, more responsive to social values or more "humane". For all these reasons, the book combines comparative law, EC Law and interdisciplinary approaches to the question "Constitutional Values and European Contract Law". Outstanding scholars from six Member States and beyond - quite a few also practising lawyers - discuss the issue and do so for the first time on such a broad and all-encompassing basis.
Constructive Interventions: Paradigms, Process and Practice of International Mediation
by L. KirchhoffIn the contemporary discipline of conflict resolution, adjudication and alternative dispute resolution (ADR) are often seen as antagonistic trends. This important book contends that, on the contrary, it is the bringing together of these trends that holds the most promise for an effective system of international justice. With great insight and passion, built firmly on a vast knowledge of the field, Lars Kirchhoff exposes the contemporary structural barriers to effective conflict resolution, defining where adjudication ends and ADR—and particularly the recent development of mediated third party intervention from an ‘art’ to a veritable ‘science’—must come into play. The work starts by defining the challenges, potentials and shortcomings of different approaches to conflict resolution in an interdependent world—where the multiplicity of actors, topics and interests involved even in seemingly bilateral conflict situations is clearly manifest—and goes on to define useful models and connect the various elements relevant for the resolution of conflicts in a transparent way. In the course of its investigation the book accomplishes the following: • illustrates the various departure points and perspectives scholars of conflict resolution have taken as the basis for their work; discusses who should become involved in conflicts as a third party and by which techniques this should occur; systematically conveys the nature and consequences of intervention through mediation, focusing on the method’s critical challenges; and clarifies the particular model of international mediation under development through UN initiatives. In approaching these intertwined topics, the author draws concrete conclusions for the realms of international law and related disciplines as well as for the organizational context of the United Nations. He explores such diverse scenarios as conflicts between States, conflicts involving international organizations, and—in accordance with the changing parameters of international law—even conflicts involving individuals, clarifying which constellations can be tackled by international mediation and which conflicts should be dealt with by other forms of diplomacy or adjudication. It is the conviction of many intermediaries and scholars that the considerable potential inherent in resolving conflicts peacefully is rarely put into practice. Although some of the reasons for this phenomenon are beyond the influence of scholarly debate, in many instances the reasons for failure of peaceful resolution processes are more structural or systemic in nature. It is the great virtue of this book that it establishes enough clarity in an unclear and complex field to make concrete and workable recommendations in these instances, and for that reason it will be of immeasurable value and benefit to all scholars, policymakers, and activists dedicated to the pursuit of peace.
Consumer Credit Law and Practice - A Guide: A Guide
by Dennis Rosenthal Graham Haxton-Bernard“A new edition of Dennis Rosenthal's Consumer Credit Law and Practice - A Guide is always an event to be welcomed by the busy practitioner… In all this welter of regulation, there is a great need for a work which reduces the mass of case law and regulation covered in encyclopaedic works into a clear, concise and readable form which steers a way through the labyrinth. This is just such a book… It is to be warmly welcomed.”From the Foreword by Roy GoodeThe most useful and comprehensive single volume work on the subject of consumer credit.Consumer Credit Law and Practice - A Guide, Fifth Edition is an easily accessible guide covering all aspects of consumer credit, consumer hire and ancillary credit businesses.Written in a clear and penetrating style, the new fifth edition has been extensively updated and rewritten to take account of all relevant case law, legislative changes and developments, including:- coverage of EU Directives relating to alternative dispute resolution, supervision of credit institutions and consumer credit agreements for residential immovable property- the transfer of licensing from the OFT under CCA 1974 to authorisation and permission by the FCA under FSMA- the substitution of substantial parts of CCA 1974 and regulations under that Act, by FSMA, regulations under FSMA including RAO, and the FCA Handbook, in particular the Consumer Credit sourcebook (CONC) and the Mortgages and Home Finance Conduct of Business sourcebook (MCOB)- new chapters on FCA requirements and procedures relating to authorisation and permission, treating customers fairly, supervision and reporting, and alternative dispute resolution- developments in related areas such as data protection, fraud prevention and anti-money launderingConsumer Credit Law and Practice - A Guide, Fifth Edition is essential reading for: banking and commercial law practitioners; in-house lawyers; companies operating in consumer credit related industries, including banks and building societies, credit card companies, finance and leasing companies; compliance personnel; and consumer advisers.
The contemporary law of armed conflict: Third Edition (Melland Schill Studies in International Law)
by Leslie C. GreenGreen’s The contemporary law of armed conflict has been acclaimed as one of the most significant works on the law of armed conflict to appear in recent years. The first edition was adopted as a basic text by military institutions and educational establishments throughout the world and is among the most comprehensive and readable works on the subject. This new edition brings the work up to date, examining the significance of the World Court’s Opinion on the legality of the nuclear weapon. It also considers the importance of such matters as the laser weapon agreement, the mines treaty and the jurisprudence of the two war crimes tribunals, that for the former Yugoslavia as well as for Rwanda, and assesses the role of the proposed International Criminal Court as it may affect the law of armed conflict. The book applies a practical as well as a theoretical approach, and draws on an extensive range of national and international practice. It is thus an indispensable reference for the armed forces and government defence organizations, as well as academics and students interested in the modern law of war.
The Contemporary Law of Armed Conflict (Melland Schill Studies In International Law)
by Leslie GreenGreen’s The contemporary law of armed conflict has been acclaimed as one of the most significant works on the law of armed conflict to appear in recent years. The first edition was adopted as a basic text by military institutions and educational establishments throughout the world and is among the most comprehensive and readable works on the subject. This new edition brings the work up to date, examining the significance of the World Court’s Opinion on the legality of the nuclear weapon. It also considers the importance of such matters as the laser weapon agreement, the mines treaty and the jurisprudence of the two war crimes tribunals, that for the former Yugoslavia as well as for Rwanda, and assesses the role of the proposed International Criminal Court as it may affect the law of armed conflict. The book applies a practical as well as a theoretical approach, and draws on an extensive range of national and international practice. It is thus an indispensable reference for the armed forces and government defence organizations, as well as academics and students interested in the modern law of war.
Contingent Fees for Legal Services: Professional Economics and Responsibilities
by F.B. MacKinnonThe practice of contingent fees - taking a percentage share of the money recovered for damage or injury - began among lawyers as a method of providing legal services for those unable to afford counsel. It is now the dominant method of financing litigation for both rich and poor. F. B. MacKinnon, in this book, examines the ethical and economic questions within the legal profession or ethical theory in general."Contingent Fees for Legal Services" is a thoroughly documented study undertaken by the American Bar Foundation, the research affiliate of the American Bar Association. It provides the information necessary for evaluating the present status of this controversial practice and the proposals for its change. Arguments about contingent fees center around possible abuses in litigation, extreme competition for cases, increased emphasis upon winning cases, and other ethical considerations. This book describes fully the historical, professional and economic context within which contingent fees developed, without attempting to resolve the debates. In addition, the MacKinnon offers in one volume relevant court decisions, statutes and administrative regulations, estimates the proportion of cases presented under contingent fee contracts, and describes fee schedules and practices.As it permits an objective assessment of the fairness of contingent fees both to clients and to lawyers, this book will therefore interest everyone concerned with reforms of the fee system - lawyers and judges, professors and students, plaintiffs and defendants, as well as policymakers. This is an issue that continues to irritate and confound all concerned with the costs as well as rights of the legal profession and its clients.
Contingent Fees for Legal Services: Professional Economics and Responsibilities
by F.B. MacKinnonThe practice of contingent fees - taking a percentage share of the money recovered for damage or injury - began among lawyers as a method of providing legal services for those unable to afford counsel. It is now the dominant method of financing litigation for both rich and poor. F. B. MacKinnon, in this book, examines the ethical and economic questions within the legal profession or ethical theory in general."Contingent Fees for Legal Services" is a thoroughly documented study undertaken by the American Bar Foundation, the research affiliate of the American Bar Association. It provides the information necessary for evaluating the present status of this controversial practice and the proposals for its change. Arguments about contingent fees center around possible abuses in litigation, extreme competition for cases, increased emphasis upon winning cases, and other ethical considerations. This book describes fully the historical, professional and economic context within which contingent fees developed, without attempting to resolve the debates. In addition, the MacKinnon offers in one volume relevant court decisions, statutes and administrative regulations, estimates the proportion of cases presented under contingent fee contracts, and describes fee schedules and practices.As it permits an objective assessment of the fairness of contingent fees both to clients and to lawyers, this book will therefore interest everyone concerned with reforms of the fee system - lawyers and judges, professors and students, plaintiffs and defendants, as well as policymakers. This is an issue that continues to irritate and confound all concerned with the costs as well as rights of the legal profession and its clients.
The Contingent Nature of Life: Bioethics and the Limits of Human Existence (International Library of Ethics, Law, and the New Medicine #39)
by Marcus Düwell Christoph Rehmann-Sutter Dietmar MiethThis volume explores the different dimensions of how the contingency of life, and especially human life, is relevant for ethical discussions and the normative frameworks in bioethics. It explores the relevance of the notion contingency, needs and desires for moral argumentation and bioethics. The volume discusses those notions in a philosophical perspective. Additionally, the volume is a contribution to a deeper reflection on basic philosophical assumptions of bioethics.
Contract Damages: Domestic and International Perspectives
by Djakhongir Saidov Ralph CunningtonThis book is a collection of essays examining the remedy of contract damages in the common law and under the international contract law instruments such as the Vienna Convention on Contracts for the International Sales of Goods and the UNIDROIT Principles of International Commercial Contracts. The essays, written by leading experts in the area, raise important and topical issues relating to the law of contract damages from both theoretical and practical perspectives. The book aims to inform readers of current developments, problems, trends and debates surrounding contract damages and reflects an ongoing dialogue on damages among representatives of common law, civil law, mixed and trans-national legal systems. The general issues addressed in the collection include the purpose and scope of damages, the measures of damages, recoverability of losses, methods of limiting damages and the assessment of damages. A special emphasis is placed on the examination of the role of gain-based damages, the meaning and definition of loss, the recoverability of damages for injury to business reputation, the recoverability of legal fees, the rules of mitigation and foreseeability, the dilemma between the 'abstract' and 'concrete' approaches to the calculation of damagesand the relationship between changes in monetary value and the assessment of damages.
Contract Damages: Domestic and International Perspectives
by Djakhongir Saidov Ralph CunningtonThis book is a collection of essays examining the remedy of contract damages in the common law and under the international contract law instruments such as the Vienna Convention on Contracts for the International Sales of Goods and the UNIDROIT Principles of International Commercial Contracts. The essays, written by leading experts in the area, raise important and topical issues relating to the law of contract damages from both theoretical and practical perspectives. The book aims to inform readers of current developments, problems, trends and debates surrounding contract damages and reflects an ongoing dialogue on damages among representatives of common law, civil law, mixed and trans-national legal systems. The general issues addressed in the collection include the purpose and scope of damages, the measures of damages, recoverability of losses, methods of limiting damages and the assessment of damages. A special emphasis is placed on the examination of the role of gain-based damages, the meaning and definition of loss, the recoverability of damages for injury to business reputation, the recoverability of legal fees, the rules of mitigation and foreseeability, the dilemma between the 'abstract' and 'concrete' approaches to the calculation of damagesand the relationship between changes in monetary value and the assessment of damages.
Contract Law in Perspective
by Linda MulcahyContract Law in Perspective complements 'black letter' treatments of contract by looking at legal doctrine and statutes in their social, political and economic contexts. It increases students' understanding of the law of contract as well as convinces them why it is so important to us all. In addition to describing the key doctrines in the field, it explains the ideology behind them and considers the extent to which they serve the needs of the business community and consumers. The book broadens understanding and appreciation of the subject by reference to the 'big ideas' in contract theory and how these relate to practice at a level which is suitable for students. This fifth edition: has been substantially revised and now includes sections on privity and the Rights of Third Parties Act as well as a discussion of the Law Commision's Unfair Terms in Contract draft bill includes new chapter introductions and summaries designed to help students identify the key points and reflect on what they have learnt provides advice on further reading pointing students towards sources for more detailed study now includes additional self-test questions for students at the end of each chapter to enable them to consolidate and practice at regular intervals.
Contract Law in Perspective
by Linda MulcahyContract Law in Perspective complements 'black letter' treatments of contract by looking at legal doctrine and statutes in their social, political and economic contexts. It increases students' understanding of the law of contract as well as convinces them why it is so important to us all. In addition to describing the key doctrines in the field, it explains the ideology behind them and considers the extent to which they serve the needs of the business community and consumers. The book broadens understanding and appreciation of the subject by reference to the 'big ideas' in contract theory and how these relate to practice at a level which is suitable for students. This fifth edition: has been substantially revised and now includes sections on privity and the Rights of Third Parties Act as well as a discussion of the Law Commision's Unfair Terms in Contract draft bill includes new chapter introductions and summaries designed to help students identify the key points and reflect on what they have learnt provides advice on further reading pointing students towards sources for more detailed study now includes additional self-test questions for students at the end of each chapter to enable them to consolidate and practice at regular intervals.
Contractual Certainty in International Trade: Empirical Studies and Theoretical Debates on Institutional Support for Global Economic Exchanges (Oñati International Series in Law and Society)
by Volkmar GessnerGlobal business interacts efficiently despite the heterogeneity of social, economic and legal cultures which, according to widespread assumptions, cause insecurities and uncertainties. Breaches of contracts may occur more frequently and business relationships may be terminated more often in international than in domestic trade. But most business people engaged in exporting or importing products or services seem to operate in a sufficiently predictable environment allowing successful ventures into the global market. The apparent paradox presented by cultural/institutional diversity and contractual efficiency in cross-border business transactions is the focus of this volume of essays. The wide range of approaches adopted by contributors to the volume include: the Weberian concept of law as a tool for avoiding the risk of opportunism; economic sociology, which treats networks and relationships between contractual parties as paramount; representatives of new institutional economics who discuss law as well as private governance institutions as most efficient responses to risk; comparative economic sociologists who point to the varieties of legal cultures in the social organisation of trust; and national and international institutions such as the World Bank which try to promote legal certainty in the economy. The purpose of the volume is to build on this interdisciplinary exercise by adding empirical evidence to ongoing debates regarding enabling structures for international business, and by critically reviewing and discussing some of the propositions in the literature which contain interesting hypotheses on the effects of the internationalization of markets on market co-ordination institutions and on the role of the state in the globalising economy.
Copyright's Paradox
by Neil Weinstock NetanelProviding a vital economic incentive for much of society's music, art, and literature, copyright is widely considered "the engine of free expression"--but it is also used to stifle news reporting, political commentary, historical scholarship, and even artistic expression. In Copyright's Paradox, Neil Weinstock Netanel explores the tensions between copyright law and free speech, revealing the unacceptable burdens on expression that copyright can impose. Tracing the conflict across both traditional and digital media, Netanel examines the remix and copying culture at the heart of current controversies related to the Google Book Search litigation, YouTube and MySpace, hip-hop music, and digital sampling. The author juxtaposes the dramatic expansion of copyright holders' proprietary control against the individual's newly found ability to digitally cut, paste, edit, remix, and distribute sound recordings, movies, TV programs, graphics, and texts the world over. He tests whether, in light of these and other developments, copyright still serves as a vital engine of free expression and assesses how copyright does--and does not--burden free speech. Taking First Amendment values as his lodestar, Netanel offers a crucial, timely call to redefine the limits of copyright so it can most effectively promote robust debate and expressive diversity--and he presents a definitive blueprint for how this can be accomplished.
Corporate Citizenship, Contractarianism and Ethical Theory: On Philosophical Foundations of Business Ethics
by Jesús Conill Reinhard Mohn Tatjana Schonwalder-KuntzeThis study provides a representation of the broad spectrum of theoretical work on topics related to business ethics, with a particular focus on corporate citizenship. It considers relations of business and society alongside social responsibility and moves on to examine the historical and systemic foundations of business ethics, focusing on the concepts of social and ethical responsibilities. The contributors explore established theories and concepts and their impact on moral behaviour. Together, the contributions offer varied philosophical theories in approaches to business ethics. The book will be a valuable resource for academics and researchers with an interest in the theoretical development of business ethics.